🔑 Allocation of the home after separation because of violence

After an act of injury, the family court can allocate the jointly used home to you alone, in full or for a limited period – regardless of who holds the tenancy or ownership.

Allocation of the home § 2 GewSchG Compensation for use Child welfare

In brief

If there is an act of injury within the meaning of § 1 GewSchG, you can demand under § 2 GewSchG that the jointly used home be left to you, in full or in part, for your sole use – and regardless of whether you or the other person hold the tenancy or ownership. Where the person posing the danger is the sole owner or tenant, the transfer of use is usually limited in time; where ownership or the tenancy is joint, it can last longer. If there are minor children in the household, their welfare is given particular consideration in the decision.

Step by step

Make the applicationThe application can be made to the family court together with an application for a restraining/no-contact order under § 1 GewSchG.
Prove the act of injuryThe conditions of § 1 GewSchG (or of a serious, one-off act of injury under § 2 para. 1 GewSchG) must be made credible or proven.
Clarify ownershipExplain who owns the home or who rented it – this affects how long the home can be allocated to you.
Court decisionThe court sets the duration and, if applicable, compensation for use to be paid to the other person.
Plan a follow-on solutionIf the allocation is limited in time, take care in good time to find a home of your own or an extension if the danger continues.

Deadlines

Limited in time individually

The law names no fixed nationally uniform maximum or minimum duration; the court determines the period of use in the individual case, usually for a shorter limited period where the person posing the danger is the sole owner than where ownership is joint.§ 2 GewSchG

Watch out – common mistakes

The allocation of the home does not change the tenancy agreement or the ownership itself – whoever moves out may remain a party to the contract and may be jointly liable for the rent. These questions should be clarified separately with a lawyer.
An allocation of the home does not replace a separation or divorce agreement on assets and household goods – separate family law rules apply to those.
Where there are joint minor children, their welfare is expressly taken into account; this can argue in favour of a longer period of use.

In depth · legal basis, figures and practice – for advisers and professionals

§ 2 GewSchG in detail

§ 2 para. 1 GewSchG allows the home to be left to the victim following an act of injury under § 1 para. 1 sentence 1 GewSchG, if that act unlawfully and intentionally injured life, body, health or freedom. § 2 para. 2 GewSchG extends this to the threat of such an injury, if continuing to live together would amount to an undue hardship. The law expressly distinguishes according to whether the home is under the sole ownership/tenancy of the person posing the danger, of the injured person, or in joint ownership/joint tenancy – this affects the possible duration of the transfer.

Demarcation from separation and divorce in general

This page deals exclusively with the allocation of the home under protection against violence law pursuant to § 2 GewSchG. General questions of separation or divorce without a connection to violence (year of separation, equalisation of accrued gains, pension rights adjustment, divorce proceedings) are not covered by this Wegweiser module.

Who is responsible

Family court (Amtsgericht)

Quick questions

Worum geht es bei „Allocation of the home after separation because of violence“?

After an act of injury, the family court can allocate the jointly used home to you alone, in full or for a limited period – regardless of who holds the tenancy or ownership.

Which deadlines and figures matter?

Limited in time individually: The law names no fixed nationally uniform maximum or minimum duration; the court determines the period of use in the individual case, usually for a shorter limited period where the person posing the danger is the sole owner than where ownership is joint. (§ 2 GewSchG)

What should I do first?

Make the application: The application can be made to the family court together with an application for a restraining/no-contact order under § 1 GewSchG.
Prove the act of injury: The conditions of § 1 GewSchG (or of a serious, one-off act of injury under § 2 para. 1 GewSchG) must be made credible or proven.
Clarify ownership: Explain who owns the home or who rented it – this affects how long the home can be allocated to you.

What do I need to watch out for?

The allocation of the home does not change the tenancy agreement or the ownership itself – whoever moves out may remain a party to the contract and may be jointly liable for the rent. These questions should be clarified separately with a lawyer.
An allocation of the home does not replace a separation or divorce agreement on assets and household goods – separate family law rules apply to those.
Where there are joint minor children, their welfare is expressly taken into account; this can argue in favour of a longer period of use.

Evidence

§ 2 GewSchG (gesetze-im-internet.de)

As of

As of September 2026. · Sources and method

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